POONAM ELECTRICALS Vs. RANJIT ELECTRONICS

JUDGEMENT

(1.) ON 49, December 1991, M/s. POONAM ELECTRICALS, 434 -B, Rishi Nagar, Rani Bagh, Delhi 110034 (hereinafter referred to as the applicant) applied for registration of trade mark, "DUKE" (word per se) vide application No. 564078 in Class 9 and the same was advertised before acceptance in the trade marks journal No. 1180 dated 1, August 1998 at Page 1002 in respect of Electrical Accessories included in class 9 for sale in Delhi. The user claimed by the applicants in the said application was shown as since 1.4.1988.

(2.) ON 23.10.1998, M/s. RANJIT ELECTRONICS, 30, Lajpat Rai Market, Delhi 110006 (hereinafter referred to as the opponents) filed the notice of opposition to oppose the registration of the trade mark advertised as aforesaid on the grounds of its violative of Sections 9, 11(a) and 11(e), 12(1), 12(2), 12(3) and 18(1) of the Trade and Merchandise Marks Act, 1958.

(3.) THE opponent vide their Affidavit dated 25.8.2000 filed their evidence in support of notice of opposition, in the name of Sh. Parvinder Singh, one of the partner of the opponents firm, the said affidavit was supported in Exhibits A -1 to A -37 consisting of labels of the parties and copy of opponents Registration and Renewal certificates of Regd, trade mark DUKE under No. 497344 in class 9 and Affidavit of one of the dealers of the opponents claiming the sale of goods of the opponent since the year 1984 and also copies of few invoices showing the sale of goods of the opponents firm.